Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

Committee of the Whole

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Document introduced in:

Session 6907: 1889-09-26 00:00:00

The committee considered the articles on Education; Public Lands and Donations; Coal Mines; Elections; Qualifications to Office; Schedule; and Boards of Arbitration.

Document View:

Public Lands and Donations [File No. 86, Committee of the Whole]

There are 0 proposed amendments related to this document on which decisions have not been taken.

Public Lands and Donations

Section 1 The state of Wyoming hereby agrees to accept the grants of lands heretofore made, or that may hereafter be made, by the United States to the state, for educational purposes, for public buildings and institutions and for other objects, and donations of money with the conditions and limitations that may be imposed by the act or acts of congress, making such grants, or donations. Such lands shall be disposed of only at public auction to the highest responsible bidder and for not less than ten dollars per acre. If at any time hereafter, the United States shall grant any arid lands in the state to the state, on condition that the state reclaim and dispose of them to actual settlers, the legislature shall be authorized to accept such arid lands on such conditions, or other conditions, if the same are practicable and reasonable.

Sec. 2 The proceeds from the sale and rental of all lands and other property donated, granted or received, or that may hereafter be donated, granted or received, from the United States or any other source, for the support of the common schools, a university, an agricultural college, a scientific school and other charitable, educational, penal or reformatory institutions and for the erection of capitol and other buildings, and all donations of money shall be and remain perpetual funds, the interests and income of which, together with the rents of all such lands as may remain unsold shall be inviolably appropriated and applied to the specific purposes specified in the original grant or gifts.

Sec. 3 The governor, superintendent of public instruction and secretary of the state shall constitute a board of land commissioners who, under such regulations as may be provided by law, shall have the direction, control, disposition and care of all lands that have been heretofore or may hereafter be granted to the state.

Sec. 4 The legislature shall enact the necessary laws for the sale, disposal, leasing or care of all lands that have been or may hereafter be granted to the state and shall, at the earliest practicable period, provide by law for the judicial location and selection of all lands that have been or may hereafter be granted by congress to the state, and shall pass suitable laws for the suitable keeping, transfer and disbursement of the land grant funds, and shall charge all officers charged with the same or the safe keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan without interest, or shall deposit in his own name, or otherwise than in the name of the state of Wyoming or shall deposit in any banks or with any person or persons, or exchange for other funds or property any portion of the funds aforesaid, or purposely allow any portion of the same to remain in his hands uninvested, except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid funds as shall thus be taken or loaned, or deposited or exchanged, or withheld and shall be a felony and any failure to pay over, produce, or account to the state for any such funds or any part of the same entrusted to such officer as by law required or demanded, shall be held and be taken as prima facia evidence of such embezzlement.

Sec. 5 No law shall ever be passed by the legislature granting any priveleges to persons who may have settled upon any of the school lands granted to the state subsequent to the survey thereof by the general government, by which amount to be derived by the sale, or other disposition, of such lands, shall be diminished directly or indirectly.

Sec. 6 All proceeds of the public lands that have heretofore been, or may hereafter be granted by the United States for the support of the common schools in this state; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat; the proceeds of all gifts and donations to the state for common schools, or not otherwise appropriated by the terms of the gift, and all property otherwise acquired for common schools, shall be remain a perpetual fund for the maintenance of the common schools of the state. It shall be deemed a trust fund, the principal of which shall forever remain inviolate and may be increased but never diminished. The state shall make good all losses thereof.

Sec. 7 The interest and income of this fund together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schools of the state, and shall be for this purpose apportioned among and between all the several common school corporations of the state in proportion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be diverted even temporarily, from this purpose or used for any other purpose whatever than the maintenance of common schools for the equal benefit of all the people of the state. Provided, however, that if any portion of the interest or income aforesaid be not expended during any year, said portion shall be added to and become a part of the school fund.

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